Appeal and cross appeal from an order of the Supreme Court, Oneida County (Norman I. Siegel, A.J.), entered August 14, 2012 in a personal injury action. The order, inter alia, granted the motion of plaintiff for partial summary judgment on liability pursuant to Labor Law § 240 (1) on the condition that, at trial, plaintiff was not determined to be a special employee of defendant, and granted that part of defendant's cross motion for summary judgment dismissing the complaint...
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